Section 293 IPC: Sale, etc., of Obscene Objects to Young Person
Section 293 of the Indian Penal Code, 1860 provided enhanced protection for a person under twenty years of age against the sale, hire, distribution, exhibition or circulation of obscene objects described in Section 292 IPC.
Text and meaning of Section 293 IPC
Section 293 applied where a person sold, let to hire, distributed, exhibited or circulated to a person under twenty years an obscene object referred to in the preceding section, Section 292, or offered or attempted to do so.
Accordingly, an actual completed sale was not the only conduct covered. The provision expressly extended to hiring, distribution, exhibition, circulation, offers and attempts involving the prohibited material and the protected age group.
Essential ingredients
- The material had to be an obscene object of the kind referred to in Section 292 IPC.
- The recipient or intended recipient had to be under twenty years of age.
- The prohibited conduct included selling, letting to hire, distributing, exhibiting or circulating the object.
- An offer or attempt to carry out such conduct was also expressly covered.
Punishment under Section 293 IPC
| Conviction | Imprisonment | Fine |
|---|---|---|
| First conviction | Imprisonment of either description for a term which may extend to 3 years | Fine which may extend to Rs. 2,000 |
| Second or subsequent conviction | Imprisonment of either description for a term which may extend to 7 years | Fine which may extend to Rs. 5,000 |
Nature of the offence under the CrPC
Under the First Schedule to the Code of Criminal Procedure, 1973, the offence under Section 293 IPC was classified as follows:
| Cognizable | Yes |
|---|---|
| Bailable | Yes |
| Triable by | Any Magistrate |
| Compoundable | No |
Relationship with Section 292 IPC
Section 293 did not operate in isolation. It referred to the obscene object described in the preceding provision, Section 292 IPC. Section 292 dealt with specified dealings in obscene books, pamphlets, papers, drawings, paintings, representations, figures and other obscene objects. Section 293 addressed such material when the prohibited dealing was with a person under twenty years of age.
State amendment: Orissa
The source page correctly preserved an Orissa state amendment and it remains included here as part of the historical pre-BNS text. The amendment to Section 293, made by Orissa Act 13 of 1962, section 4, provided in substance that:
- the reference to an obscene object in the preceding section was expanded to refer expressly to Section 292 and to specified newspapers, periodicals, circulars, pictures or other printed or written documents referred to in Section 292-A;
- the specified imprisonment reference was altered from six months to three years; and
- the marginal note was expanded to include grossly indecent or scurrilous matter or matter intended for blackmail.
State amendments must be read with the legislation applicable in the relevant State and the period of the alleged offence.
Pre-BNS legal context
The Indian Penal Code, 1860 was the central penal statute governing this provision before commencement of the Bharatiya Nyaya Sanhita, 2023. The new criminal laws came into force from 1 July 2024, subject to the notified exception concerning section 106(2) of the BNS. This page deliberately explains the law as it stood immediately before that transition.
Official legal references
For the authoritative statutory text, readers may consult The Indian Penal Code, 1860 on India Code and The Code of Criminal Procedure, 1973 on India Code.
This page is a legal-information article on the pre-BNS statutory position and is not a substitute for advice on the facts of a particular case.